Sweigert v. Goodman
| D George Sweigert |
| Jason Goodman |
| 1:2018cv08653 |
| September 21, 2018 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| Plaintiff |
Docket Report
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Mailed a copy of #65 Order to Show Cause, Set Deadlines, to D George Sweigert c/o P.O. Box 152 Mesa, AZ 85211; Jason Goodman 252 7th Ave, #6s New York, NY 10001. (vba)
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Filing 65
ORDER TO SHOW CAUSE. IT IS HEREBY ORDERED that all pending motions and deadlines are STAYED pending the resolution of this Order to Show Cause. Furthermore, until further order from this Court, neither party is permitted to file any further motions or pleadings except in response to this Order to Show Cause. Any submission filed in violation of this Order may be denied or stricken on that basis alone, without further notice to either party, and the filing party may be subject to sanction. IT IS FURTHER ORDERED that Plaintiff show cause, no later than December 28, 2018, why his amended complaint should not be dismissed and why his motion for leave to file a second amended complaint (Dkt. 39) should not denied as futile. Specifically, Plaintiff's response to this Order must: Show cause why his claims asserting violations of criminal law should not be dismissed for lack of standing, and as further specified and set forth in this Order to Show Cause. IT IS FURTHER ORDERED that Defendant may (but need not) file a brief in support of this Order that responds to any arguments made in Plaintiff's response to this Order by January 15, 2019. If Defendant files an opposition, then Plaintiff may file a reply no later than January 30, 2019. IT IS FURTHER ORDERED that both parties must strictly adhere to page limits when submitting their responses to this Order. Both Plaintiff's response and Defendant's opposition (if any) are to be no longer than 25 pages, double-spaced, 12-point font, with one-inch margins. Plaintiff's reply, if any, shall be no longer than 10 pages with the same specifications. Any filing submitted in violation of those requirements may be stricken in its entirety or in part. The Clerk of the Court is respectfully directed to mail a copy of this Order to both parties and to note the mailings on the docket. SO ORDERED. (Replies due by 1/30/2019.) (Signed by Judge Valerie E. Caproni on 11/16/2018) (rjm)
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Transmission to Docket Assistant Clerk. Transmitted re: #65 Order to Show Cause. Set Deadlines to the Docket Assistant Clerk for case processing. (rjm)
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Filing 64
MOTION FOR AN ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF/COUNTER DEFENDANT'S MOTION FOR A GAG ORDER; re: for Extension of Time to File Response/Reply as to #50 MOTION FOR GAG ORDER AGAINST THE DEFENDANT. Document filed by Jason Goodman.(sc)
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Filing 63
PLAINTIFF'S REPLY ( Affirmation) of D. George Sweigert IN OPPOSITION TO "MOTION FOR RULING TO SHOW CAUSE FOR DEFENDANT'S CONDUCT OF PROVIDING FALSE ADDRESS & PERSISTENT EFFORTS TO AVOID SERVICE", re: #49 MOTION FOR RULING TO SHOW CAUSE FOR DEFENDANT'S CONDUCT OF PROVIDING FALSE ADDRESS & PERSISTENT EFFORTS TO AVOID SERVICE. Document filed by D George Sweigert. (sc)
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Filing 62
PLAINTIFF'S AMENDED REPLY TO THE DEFENDANT'S COUNTERCLAIM; re: #44 Counterclaim. Document filed by D George Sweigert. (sc)
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Filing 61
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR A GAG ORDER; re: #60 MOTION FOR GAG ORDER AGAINST THE DEFENDANT PURSUANT TO. Document filed by D George Sweigert. (sc)
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Filing 60
NOTICE OF PLAINTIFF'S MOTION FOR GAG ORDER AGAINST THE DEFENDANT PURSUANT TO NY CPLR 6301. Document filed by D George Sweigert.(sc)
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Filing 59
DEFENDANT/COUNTERCLAIMANT'S SUPPLEMENT TO MOTION FOR RULING TO SHOW CAUSE FOR DEFENDANT'S CONDUCT OF PROVIDING FALSE ADDRESS & PERSISTENT EFFORTS TO AVOID SERVICE; re: to #49 MOTION FOR RULING TO SHOW CAUSE FOR DEFENDANT'S CONDUCT OF PROVIDING FALSE ADDRESS & PERSISTENT EFFORTS TO AVOID SERVICE.. Document filed by Jason Goodman.(sc)
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Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma)
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NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case. (ma)
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Filing 57
NOTICE OF PLAINTIFF'S AMENDED MOTION PURS. TO FRCP RULE 12(F)TO STRIKE DEFENDANT'S "ANSWER". Document No. #35 . Document filed by D George Sweigert.(sc)
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Filing 56
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF PLAINTIFF'S AMENDED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT PER FRCP 15(A); re: #5 Amended Complaint. Document filed by D George Sweigert. (Attachments: #1 Proposed Second Amended Complaint)(sc)
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Filing 55
NOTICE OF PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM PER FRCP RULE 12(B)(6) & CPLR 3211(A). Document filed by D George Sweigert.(sc)
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Filing 54
PLAINTIFF'S FIFTEENTH REQUEST FOR JUDICIAL NOTICE. Document filed by D. George Sweigert. (sc)
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Filing 53
PLAINTIFF'S SIXTEENTH REQUEST FOR JUDICIAL NOTICE. Document filed by D George Sweigert. (sc)
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Filing 52
PLAINTIFF'S MOTION PURS. TO FRCP RULE 12(F) TO STRIKE DEFENDANT'S COUNTER-CLAIM; re: to Strike Document No. #44 . Document filed by D George Sweigert.(sc)
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Filing 51
MEMORANDUM OF POINTS & AUTHORITIES TO SUPPORT PLAINTIFF'S MOTION FOR GAG ORDER; re: #50 MOTION FOR GAG ORDER AGAINST THE DEFENDANT. Document filed by D George Sweigert. (sc)
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Filing 50
NOTICE OF PLAINTIFF'S MOTION FOR GAG ORDER AGAINST THE DEFENDANT. Document filed by D George Sweigert.(sc)
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Filing 49
MOTION FOR RULING TO SHOW CAUSE FOR DEFENDANT'S CONDUCT OF PROVIDING FALSE ADDRESS & PERSISTENT EFFORTS TO AVOID SERVICE. Document filed by Jason Goodman.(sc)
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Filing 48
PLAINTIFF'S REPLY TO DEFENDANT'S COUNTERCLAIM; re: #44 Counterclaim. Document filed by D George Sweigert. (sc)
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Filing 47
PLAINTIFF'S FOURTEENTH REQUEST FOR JUDICIAL NOTICE. Document filed by D George Sweigert. (sc)
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Filing 46
PLAINTIFF'S THIRTEENTH REQUEST FOR JUDICIAL NOTICE [13-RJN]. Document filed by D George Sweigert. (sc)
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Filing 45
PLAINTIFF'S TWELFTH REQUEST FOR JUDICIAL NOTICE [12-RJN]. Document filed by D George Sweigert. (sc)
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Filing 44
COUNTERCLAIM TO AMENDED COMPLAINT against D. George Sweigert.Document filed by Jason Goodman.(sc)
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Filing 42
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION TO STRIKE THE DEFENDANT'S ANSWER OR OTHERWISE MAKE MOOT PURS. TO FRCP RULE 12(F); re: #41 MOTION to Strike Document No. #35 . Document filed by D George Sweigert. (sc)
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Filing 41
PLAINTIFF'S MOTION TO STRIKE THE DEFENDANT'S ANSWER OR OTHERWISE MAKE MOOT PURS. TO FRCP RULE 12(F); re: to Strike Document No. #35 . Document filed by D George Sweigert.(sc)
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Filing 40
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO FILE THE SECOND AMENDED COMPLAINT re: #39 MOTION to Amend/Correct #5 Amended Complaint PER FRCP 15(A). Document filed by D George Sweigert. (sc)
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Filing 39
PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; re: to Amend/Correct #5 Amended Complaint. Document filed by D George Sweigert. (Attachments: #1 Proposed Second Amended Complaint)(sc)
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Filing 38
PLAINTIFF'S ELEVENTH REQUEST(Motion) FOR JUDICIAL NOTICE. Document filed by D George Sweigert.(sc)
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Filing 37
PLAINTIFF'S TENTH REQUEST(Motion) FOR JUDICIAL NOTICE [10-RJN]. Document filed by D George Sweigert.(sc)
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Filing 36
LETTER from Jason Goodman, dated 10/11/18 re: Defendant submits this letter of intent to the Court to file a counterclaim. Document filed by Jason Goodman.(sc)
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Filing 35
DEFENDANT'S ANSWER TO AMENDED COMPLAINT; re: to #5 Amended Complaint. Document filed by Jason Goodman.(sc)
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Filing 34
NOTICE OF APPEARANCE PRO SE. by Jason Goodman. (sc)
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Filing 33
PLAINTIFF'S NINTH REQUEST(Motion) FOR JUDICIAL NOTICE. Document filed by D George Sweigert.(sc)
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Filing 31
PRO SE MEMORANDUM(Letter) dated 9/28/18 re: CHANGE OF ADDRESS for D George Sweigert. New Address: c/o P.O. Box 152, Mesa, Arizona, 85211. (sc)
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Filing 43
LETTER dated 10/15/18 from D. George Sweigert; re: Plaintiff informs the Court that he has determined that the Defendant's Answer(Doc. #35, 10/10/18) is a legal nullity, as it is an unverified answer, and therefore does not comply with New York Civil Practice Laws and (CPLR) Rule 3022. Document filed by D George Sweigert.(sc)
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Filing 32
PLAINTIFF'S EIGHTH (Motion)REQUEST FOR JUDICIAL NOTICE[RJN]. Document filed by D George Sweigert.(sc)
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Filing 30
CASE TRANSFERRED IN from the United States District Court - District of South Carolina; Case Number: 2:18-cv-01633. Original file certified copy of transfer order and docket entries received. (sjo)
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Case Designated ECF. (sjo)
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Filing 29
***DOCUMENT MAILED #27 Order Ruling on Report and Recommendation, placed in U.S. Mail to D George Sweigert and Jason Goodman (sshe, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 27
ORDER AND OPINION RULING ON #22 REPORT AND RECOMMENDATION of Magistrate Judge Bristow Marchant. Plaintiff's motions to show cause (Dkt. Nos. #7 , #8 ), motion to strike (Dkt. No. #12 ) and motion for leave to amend his motion to show cause (Dkt. No. #17 ) are DENIED WITHOUT PREJUDICE. Defendant's motion to dismiss (Dkt. No. #9 ) is DENIED WITHOUT PREJUDICE. This case is TRANSFERRED to the United States District Court for the Southern District of New York. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/17/2018. (sshe, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 26
REQUEST FOR JUDICIAL NOTICE by D George Sweigert. (Attachments: #1 Supporting Documents, #2 Envelope)(ssam, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 25
NOTICE of Harmless Error re #18 Notice Other by D George Sweigert (Attachments: #1 Envelope)(ssam, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 24
***DOCUMENT MAILED #22 REPORT AND RECOMMENDATION re #9 MOTION to Dismiss filed by Jason Goodman, #12 MOTION to Strike #9 MOTION to Dismiss filed by D George Sweigert, #1 Complaint filed by D George Sweigert, #17 MOTION to Amend/Correct #8 MOTION for Order placed in U.S. Mail to Jason Goodman. (cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 23
***DOCUMENT MAILED #21 Order to Notify of Address Change, #22 REPORT AND RECOMMENDATION re #9 MOTION to Dismiss filed by Jason Goodman, #12 MOTION to Strike #9 MOTION to Dismiss filed by D George Sweigert, #1 Complaint filed by D George Sweigert, #17 MOTION to Amend/Correct #8 MOTION for Order placed in U.S. Mail to D George Sweigert. (cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 22
REPORT AND RECOMMENDATION of Magistrate Judge Bristow Marchant. It is recommended that Plaintiffs motions to show cause, to strike, and for leave to amend his motion to show cause (ECF Nos. 7, 8, 12, and 17) and Defendant'smotion to dismiss (ECF No. 9) be denied, without prejudice, and that this case be transferred in the interests of justice to the United States District Court for the Southern District of New York for further handling. Objections to R&R due by 9/12/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Bristow Marchant on 8/29/2018. (cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 21
ORDER directing plaintiff to notify Clerk in writing of any address changes. Signed by Magistrate Judge Bristow Marchant on 8/29/2018. (cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 18
REQUEST FOR JUDICIAL NOTICE. (Attachments: #1 Supporting Documents, #2 Envelope)(cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 17
MOTION to Amend/Correct #8 MOTION for Order to Show Cause by D George Sweigert. (Attachments: #1 Envelope)Motions referred to Bristow Marchant.(cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 16
DECLARATION captioned as "Pracipe to Re-Issue Summons" by D George Sweigert. (Attachments: #1 Exhibit, #2 Envelope)(cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 14
REQUEST FOR JUDICIAL NOTICE. (Attachments: #1 Supporting Documents, #2 Envelope)(cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 13
REQUEST FOR JUDICIAL NOTICE. (Attachments: #1 Supporting Documents, #2 Envelope)(cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 12
MOTION to Strike #9 MOTION to Dismiss by D George Sweigert. (Attachments: #1 Memo in Support, #2 Envelope)Motions referred to Bristow Marchant.(cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 11
RESPONSE in Opposition re #9 MOTION to Dismiss. Response filed by D George Sweigert. (Attachments: #1 Envelope)(cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 10
NOTICE of Change of Address by D George Sweigert. Address updated in ECF this date. (Attachments: #1 Envelope)(cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 9
MOTION to Dismiss by Jason Goodman. (Attachments: #1 Memo in Support, #2 Affidavit, #3 Envelope)Motions referred to Bristow Marchant.(cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 8
MOTION for Order to Show Cause by D George Sweigert. (Attachments: #1 Memo in Support, #2 Request for Judicial Notice, #3 Supporting Documents)Motions referred to Bristow Marchant.(cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 7
MOTION to Show Cause by D George Sweigert. (Attachments: #1 Request for Judicial Notice, #2 Public Artifact No. 1-3, #3 Envelope)Motions referred to Bristow Marchant.(ssam, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 6
SUPPLEMENT/NOTICE of Harmless Error Pursuant to FRCP Rule 61 by D George Sweigert to #5 Amended Complaint. (Attachments: #1 Envelope)(ssam, ) [Transferred from South Carolina on 9/21/2018.]
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Filing 5
AMENDED COMPLAINT against Jason Goodman, filed by D George Sweigert. (Attachments: #1 Supporting Documents, #2 Envelope)(cwhi, ) Modified to add #6 Supplement on 7/5/2018 (ssam, ). [Transferred from South Carolina on 9/21/2018.]
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Filing 1
COMPLAINT against Jason Goodman ( Filing fee $ 400 receipt number SCX300076826.), filed by D George Sweigert. (Attachments: #1 Exhibit 1-2)(cwhi, ) [Transferred from South Carolina on 9/21/2018.]
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